TRADE MARKS ACT DISTRIBUTED BY VERITAS VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION, BUT CANNOT TAKE LEGAL RESPONSIBILITY FOR INFORMATION SUPPLIED. PLEASE NOTE THAT THE PENALTIES PROVIDED FOR IN THE CRIMINAL PENALTIES ACT HAVE NOT BEEN INCORPORATED INTO THIS COPY OF THE ACT. CHAPTER 26:04 TRADE MARKS ACT Acts 2/1974, 44/1975 (s. 14), 15/1981, 29/1981, 11/1991 (s. 18), 20/1994 (s. 8); R.G.N 1135/1975. ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title. 2. Interpretation. 3. 4. 5. PART II ADMINISTRATION Trade Marks Office, Controller, Registrar of Trade Marks and other officers. Seal. Register of Trade Marks. 6. 7. 8. 9. 10. 11. PART III EFFECT OF REGISTRATION AND ACTION FOR INFRINGEMENT No action for infringement of unregistered trade mark. Registration to be in respect of particular goods or services. Infringement of rights given by registration in Part A or Part B. Infringement by breach of certain restrictions. Saving of vested rights. Saving of use of name, address or description of goods and of utilitarian features of distinguishing guise. 12. 13. 14. 15. 16. 17. 18. 19. 20. PART IV REGISTRABILITY AND VALIDITY OF REGISTRATION Distinctiveness requisite for registration in Part A. Capability of distinguishing requisite for registration in Part B. Prohibition of registration or maintenance of registration of deceptive, etc., matter. Prohibition of registration of identical or resembling trade marks. Registration in Part A to be conclusive as to validity after five years. Registration subject to disclaimer. Requirements in regard to blank spaces. Words used as name or description of an article, substance or service. Effect of limitation as to colour and of absence thereof. 21. 22. 23. 24. 25. 26. PART V PROCEDURE FOR, AND DURATION OF, REGISTRATION IN PART A OR PART B Application for registration in Part A or Part B. Opposition to registration and appeals. Registration. Duration and renewal of registration. Registration of parts of trade marks. Registration of trade marks as a series. 27. 28. 29. 30. PART VI ASSIGNMENT AND TRANSMISSION Powers of, and restriction on, assignment and transmission. Power of registered proprietor to assign and give receipts. Registration of assignments and transmissions. Certain trade marks to be associated so as to be assignable and transmissible as a whole only. 75 [Chapter 26:04]